13. Other Terms and Conditions
By participating in this activity as described above, you are deemed to have agreed to the following terms and conditions of Moomoo Technologies Inc (the "Organizer"):
a.This promotion is offered by Moomoo Technologies Inc. (“MTI”). The Positive Earnings Challenge is organized by Moomoo, with Nasdaq providing TotalView market data and the Times Square, Nasdaq Tower video opportunity. Neither MTI nor Moomoo Financial Inc. ("MFI") is an affiliate with Nasdaq. The moomoo App is an app that offers access to licensed brokerages. In the U.S., securities products available through the Moomoo App are offered by MFI, a broker-dealer registered with the SEC and member FINRA/SIPC. For further information about MFI see FINRA BrokerCheck（
https://brokercheck.finra.org/）. For further information about SIPC insurance coverage for accounts at MFI, see
www.sipc.org or request an explanatory brochure from MFI.
b.The Positive Return Challenge account is purely a virtual trading account and can only be used for simulating trading challenges with US stocks and US stock ETFs.
c.The cash or other assets displayed in the Positive Return Challenge account have no actual value and cannot be withdrawn or exchanged.
d.The content and design of the Positive Return Challenge account are assets of the Organizer, and participants are not allowed to alter, modify, adapt, imitate, or otherwise change any part in any way.
e.Participants acknowledge and agree that the Organizer may display or use their user nicknames, avatars, Moomoo App accounts, total returns, holdings, and trading information, as such information relates to the paper trading comptetion.
f.All transactions conducted through the Positive Return Challenge account are virtual in nature. Instructions entered by participants will not be transmitted to any exchange for execution (including but not limited to the New York Stock Exchange, Nasdaq Stock Market, American Stock Exchange), nor will they constitute any settlement or payment obligations for participants or the company. Securities trading services provided by the company and any rights and obligations related to such services do not apply to virtual trading within the challenge account.
g.Some information displayed in the Positive Return Challenge account (including security quotes) is provided by third parties. The bank makes no representations, warranties, or comm
itments regarding the accuracy or completeness of such information and shall not be liable for any losses or damages incurred by any person directly or indirectly using such information.
h.The organizer has the final decision-making power on the calculation of the holding profit challenge account, the list of winners for each prize, and their prizes. Participants may not object;
i.If the organizer believes that a participant has engaged in any cheating behavior, the organizer has the right to cancel the results. If any cheating behavior is found among the global and regional top 3 participants, their eligibility for the prizes will be revoked, and the prizes will be offered to the next participant identified in the global ranking. If cheating behavior causes losses to the organizer, the organizer reserves the right to pursue legal action;
j.At the end of the campaign, users with positive returns challenging the TOP 3 global cumulative returns are required to cooperate with the organizer's promotional activities, including being interviewed by moomoo, recording the winning video and delivering a winning speech. Users are required to sign an authorization form agreeing that moomoo will use the relevant materials for brand promotion within the period of time.
k.The organizer shall not be responsible for any errors, omissions, interruptions, deletions, defects, delays in transmission over communication lines, or any problems or technical malfunctions arising from telephone networks, computer online systems, servers or providers, computer equipment, software, or any technical issues or communication congestion resulting in failure to receive any emails or communications;
l.The organizer is not responsible for any damage or loss caused to participants or any other person's computer due to any form of human or non-human errors, including participation in the contest, instruction input and submission, or notification related to the contest, including damage or loss caused by computer viruses or harmful programs;
m.Some prizes for this activity are provided by third-party merchants (including items redeemed in the mall using points). Once the prize is collected, it cannot be returned or exchanged. The use of prizes is subject to the merchant's relevant terms. The winner shall bear all applicable taxes, fees, additional charges, and/or foreign tariffs (if any). In case of any issues with the prize, please contact the relevant merchant directly. The organizer assumes no legal responsibility;
n.Activity rewards are strictly distributed according to the rules. Participants cannot apply for rewards through special means if they do not meet the qualifications for the activity. The organizer reserves the final decision-making power on the distribution and changes of any rewards;
o.If the prizes for this activity are provided by the organizer, their use is subject to the terms and conditions issued by the organizer for the respective prizes;
p.Before redeeming the Cash Rewards distributed in the redemption activities, winners must open a corresponding securities account in the relevant market to receive the corresponding rewards;
q.There are expiration dates for receiving and using activity rewards. Failure to claim or use rewards within the specified period will result in the rewards being forfeited, and the winner is considered to have automatically waived their eligibility;
r.The organizer reserves the right to modify or cancel the activity process, rules, awards, explanations, etc., based on actual circumstances and will notify participants as early as possible. The interpretation of the rules of this activity belongs to the organizer, who has the right to modify rules, processes, etc., including but not limited to the rules and processes of the activity, in response to loopholes in the activity;
s.If the activity is not running normally for any reason, such as interruptions or early termination, the organizer has the right to make corresponding adjustments and handle trading operations during abnormal periods. Participants cannot object to the decisions made by the organizer;
t.The organizer may freely quote the achievements and personal information of participants in any promotions or advertisements related to the activity, including but not limited to name, portrait, or voice (except where prohibited by law), without the approval of the participant being quoted;
u.The confirmation of information and data for this activity is based on the organizer's backend confirmation, and the organizer reserves the final interpretation right;
v.This promotion does not constitute an offer, solicitation, advice, opinion, or any guarantee of securities, financial products, or tools.
w.The organizer reserves the final decision-making power on any disputes related to this activity;
x.All amounts in the rules for this promotion are in U.S. dollars.
y.Cash prizes will be credited to a winner’s account at MFI.
z.Participants are solely responsible for all taxes on winnings. Customers of MFI will receive a Form 1099 at the end of the year reporting the value of prizes MFI or MTI may be required to withhold U.S. federal income for certain individuals under certain circumstances. Please consult your tax advisor for more information applicable to your individual tax circumstances.
aa.Each user is limited to using one account, one mobile phone number, and one device to participate in promotions. Abnormal behavior (including but not limited to using mobile phone device emulators and artificially modifying mobile phone device numbers) may automatically disqualify or suspend users’ eligibility for participating in the promotion. MTI. has the sole right to interpret the promotion rules. By participating in the promotion, you agree to abide by these rules and the decisions of MTI, such decisions which are final and binding in all respects.
ab. ALL TERMS AND AGREEMENTS OF MTI AND MFI ARE HEREBY INCORPORATED INTO THESE TERMS AND CONDITIONS, INCLUDING AND NOT LIMITED TO THEIR ARBITRATION
ac. By participating in the promotion, you certify that you have read and understood the rules of this promotion as well as the terms and agreements of MTI and MFI.
ad. This offer is limited to one reward per new account, with no more than one account enrolled per person.
ae. Neither receipt of a share of stock through this program nor identification of a particular security in communications related to this promotion constitutes a solicitation of the security or a recommendation to buy, sell, or hold the security. MTI and MFI do not provide investment advice and do not recommend any security or transaction.
af. MTI reserves the right to terminate this promotion at any time without notice. This promotion and the products and services available through MTI and MFI are not available to all customers or in all geographic areas or in any jurisdiction where it is unlawful for them to offer such products and services.
ag. By participating in a promotion, participants acknowledge and agree that MTI and MFI have the right to use participants username, user id, and profile picture on the moomoo App for promotional purposes.
ah. Consult with your tax advisor about the appropriate tax tre
atment for this offer and any tax implications associated with receipt of a stock bonus before enrolling. For taxable accounts, the value of all MFI rewards or prizes received may be reported as Other Income on a Form 1099-MISC where required by applicable rules and regulations. MFI and its affiliates do not take responsibility for any tax related to this promotion.
ai. All product names, brands, logos and trademarks are property of their respective owners.All trademarks, service marks, trade names, domain names, logos or other words or symbols identifying the Data Products and Nasdaq’s business (the “Marks") are and will remain the exclusive property of Nasdaq. Moomoo was granted by Nasdaq a non-exclusive, non-transferable and non-sub-licensable license to use the Marks solely in accord with the license agreement.
aj. Other Terms and Conditions of moomoo apply, please see moomoo.com.
ak. Translations from English are provided for convenience only. In case of any ambiguity or dispute over the terms or rules of this promotion, the terms and conditions of the English language version will control.
al. If you have any questions, please contact us via “Me” ‒ “Customer Service” in moomoo App.